Family Law I Baker Love Lawyers Newcastle

How does separation affect your Estate Planning?

Separation and its effect on estate planning is not always the first thought on the mind of former partners as they attempt to navigate the breakdown of a relationship. Notwithstanding, the end of a relationship may have significant impacts on what happens in the event of one party’s death. In NSW, a divorce revokes any […]

December 16, 2020
By Sam Lewis
Family Law
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Enjoying Christmas time in separated families

Undoubtedly, the festive season can be a tense and stressful time for separated families. Most often it is the case that both parents wish to spend time with their children and partake in the joy and spirit which generally occurs around this time of year. When your family is separated or living between two households, […]

November 30, 2020
By Sam Lewis
Family Law
No Comments

No Second Chances – Hsiao v Fazarri [2020] HCA 35

The High Court of Australia has recently upheld a decision of the Full Court of the Family Court of Australia and confirmed that it did not err in refusing to receive further evidence on appeal, ultimately disallowing one party from presenting a case which may have otherwise, been successful at trial. This decision may […]

November 30, 2020
By Sam Lewis
Family Law
No Comments

Family Law and Apprehended Domestic Violence Orders

Relationship breakdowns are high stress, emotional and sometimes volatile. If one party to a relationship is prone to aggressive or violent outbursts, this behaviour may again become an issue when the relationship finally deteriorates. Where parties fear for their safety, the criminal law can overlap with family law by the making of an Apprehended Domestic […]

October 28, 2020
By Sam Lewis
Family Law
No Comments

Preparing for your Property Settlement

The breakdown of a long-term relationship or marriage is an emotionally difficult time for most. Not only are the affected parties dealing with the loss of a previously significant other, they are also having to enter into the process of separating finances and negotiating how the children are to be cared for (if there are […]

October 28, 2020
By Matthew Carney
Family Law
No Comments

Is there a requirement to disclose your new partner’s assets during a property settlement with your former partner?

In family law property settlement proceedings, each party has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner. The Family Law Act at section 75(2)(m) also requires the court to take into consideration if either party […]

September 11, 2020
By Sam Lewis
Family Law
No Comments

Can Children Decide Who They Live With?

It is often thought that when children become of a certain age, they can decide who they live with in the event that their parents separate. Our Family Law team are routinely asked, how long will the orders be effective? And, what if my son/daughter wants to live with the other party despite the orders? […]

August 27, 2020
By Matthew Carney
Family Law
No Comments

Changing a Child’s School After Separation

The Family Law Act provides that if there are no Court Orders in place, both parents have parental responsibility for their children. This legal position remains unless it is overturned by a parenting order made by a Court. Parental responsibility carries with it a requirement for consultation and for parents to make a genuine […]

Failed family provision claim by a dependent friend

You can be eligible to make a claim from a deceased estate if you were wholly or partly dependent on the deceased person and at the same time you were a member of the deceased person’s household. If you are within that category, you do not need to be a family member in order to […]

What is a Financial Agreement before marriage (Pre-Nuptial Agreements) and can they be overturned?

Family lawyers are often asked if pre-nuptial agreements (a financial agreement) are binding. The short answer is, yes, they are, if drafted correctly. However, financial agreements can also be overturned if certain criteria are not met. What is a financial agreement before marriage? The Family Law Act allows couples who are considering getting married to […]

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Family Law

How does separation affect your Estate Planning?

Enjoying Christmas time in separated families

No Second Chances – Hsiao v Fazarri [2020] HCA 35

Family Law and Apprehended Domestic Violence Orders

Preparing for your Property Settlement

Is there a requirement to disclose your new partner’s assets during a property settlement with your former partner?

Can Children Decide Who They Live With?

Changing a Child’s School After Separation

Failed family provision claim by a dependent friend

What is a Financial Agreement before marriage (Pre-Nuptial Agreements) and can they be overturned?

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